Randwick City Council v Athens and Anor (No. 9) [2004] NSWLEC 331

Randwick City Council v Athens and Anor (No. 9) [2004] NSWLEC 331

The evidence was admitted because the respondents' conduct concerning inspection and compliance could be relevant; fairness required the attempted inspections in paragraphs 1 to 12 to be considered with the actual inspection in paragraphs 13 to 30; and paragraph 27 was admissible because the respondents' solicitor acted as their agent and the solicitor's conduct could be attributed to them.

Jurisdiction
Australia
Judgment Date
31 May 2004
Procedural Posture
Contempt / Ex Tempore Judgment on Admission of Affidavit Evidence
Outcome
Affidavit evidence admitted.
Legal Topics
['admission of Affidavit Evidence' 'relevance' 'fairness' 'solicitor as Agent']
['contempt' 'evidence'] ['admission of Affidavit Evidence' 'relevance' 'fairness' 'solicitor as Agent']

Case Brief

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Procedural Posture

Contempt / Ex Tempore Judgment on Admission of Affidavit Evidence

Legal Issues

  1. 1 ['Whether paragraphs 1 to 12 of the affidavit of Alan Donald Graham sworn 26 May 2004 should be admitted despite objection.' "Whether paragraph 27 of the affidavit, concerning a conversation between the respondents' solicitor and Mr Graham, should be admitted."]

Ratio Decidendi

The evidence was admitted because the respondents' conduct concerning inspection and compliance could be relevant; fairness required the attempted inspections in paragraphs 1 to 12 to be considered with the actual inspection in paragraphs 13 to 30; and paragraph 27 was admissible because the respondents' solicitor acted as their agent and the solicitor's conduct could be attributed to them.

Court Disposition

Affidavit evidence admitted.

Orders

  • ['Paragraphs 1 to 12 of the affidavit of Alan Donald Graham sworn 26 May 2004 are admitted.' 'Paragraphs 13 to 30 of the affidavit are admitted.' "Paragraph 27 of the affidavit is allowed because it concerns conduct of the respondents' solicitor as agent of the respondents."]